Dr. Lakshmi Kant Jha v. B. R. Ambedkar Bihar University Through Its Registrar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 9012 of 2017 =========================================================== Dr. Lakshmi Kant Jha, Son of Late Maheshwar Jha, Resident of Mohalla Anandpuri, Belbanwa Motihari, P.S. - Motihari Town, District - East Champaran. .... .... Petitioner/s
Versus
1. B. R. Ambedkar Bihar University through its Registrar at Muzaffarpur, District - Muzaffarpur.
2. The Registrar, B.R.A. Bihar University at Muzaffarpur, District - Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the University :
Mr. P. N. Sahi, Sr. Advocate Mr. Mrigank Mauli, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 10-07-2018 Heard learned counsel for the petitioner and Mr. P.N. Shahi, learned senior counsel for the B.R.A. Bihar University (hereinafter referred to as the 'University').
2. In terms of the order dated 20.06.2018, the Registrar of the University is present and has filed a supplementary counter affidavit and also a show cause.
3. In view of the unconditional apology tendered by him and in the background that he has joined only two months back, the Court does not intend to proceed any further in the matter of there being lack of proper monitoring of the cases at his level
4. Coming to the merits, as per the stand taken in the affidavit filed, a sum of Rs. 40,64,395/- has been cleared for transfer
Patna High Court CWJC No.9012 of 2017 dt.10-07-2018 2/3 to the account of the petitioner by issuing a cheque in favour of the concerned Branch Manager who in turn, is supposed to get it credited into the account of the petitioner. The said cheque in favour of the Manager of the Bank is dated 09.07.2018 i.e., yesterday.
5. In view thereof, though the stand taken at the Bar is that the amount would be credited into the account of the petitioner within two days but to be on the safe side, the Court would require that within one week from today, the money should stand transferred to the account of the petitioner. Further, with regard to the only remaining claim of the petitioner which relates to difference of pension on account of revision for the period December, 2014 to February, 2016, the stand is that the amount would be small and is being worked out, but, in any case, whatever amount is found due and payable, the same shall be credited into the account of the petitioner within two weeks from today.
6. Having regard to the aforesaid, the Court finds that the admitted dues of the petitioner have already been addressed by the University.
7. Accordingly, the writ petition stands disposed off with a direction to the concerned authorities that the amount of Rs. 40,64,395/- as well as difference of arrears of pension be credited into the account of the petitioner latest within two weeks from today.
Patna High Court CWJC No.9012 of 2017 dt.10-07-2018 3/3
8. The personal appearance of the respondent no. 2 stands dispensed with.
9. Before parting, the Court has been informed by the members of the Bar that probably the Registrar of the University is on record having expressed his handicap in dealing with matters due to lack of co-operation from his subordinates. If that is the position, the Court would categorically record in its order that the officers of the University, including the Vice Chancellor, Registrar, Financial Advisor and Finance Officer are at liberty to bring such specific acts of non co-operation by the subordinate staff to the notice of the Court which shall be dealt with appropriately. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U